The High Court quashed criminal proceedings against petitioners accused of cheating, grievous hurt, and criminal intimidation under IPC upon the report that the parties had settled all issues and the complainant did not wish to continue prosecution.
Criminal proceedings in C.C. No. 2071/2022 were quashed as against the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 13TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945
CRL.MC NO. 5235 OF 2023
CRIME NO.1071/2018 OF Mararikulam Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT CC 2071/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II(MOBILE),ALAPPUZHA
PETITIONER/ACCUSED NOS.1 TO 3:
1 SATHEESH SATHYAN, AGED 43 YEARS S/O SATHYAN, GANAPATHIKKATTIL HOUSE, MARAARIKKULAM VADAKKU PANCHAYATH, WARD NO.5, KANICHUKULANGARA P.O, ALAPPUZHA DISTRICT,, PIN - 6885822 SAJIMON, AGED 43 YEARS S/O PONNAPPAN, AGED 43 YEARS, KULAKKATTUVELI HOUSE, MARAARIKKULAM VADAKKU PANCHAYATH, WARD NO.9, S.N.PURAM P.O, ALAPPUZHA DISTRICT,, PIN - 6885823 SUKANYA.C.K, AGED 43 YEARS W/O SAJIMON, AGED 43 YEARS, CHALLIYIL VEEDU, MARAARIKKULAM NORTH PANCHAYATH, WARD NO.2, KANICHUKULANGARA P.O, ALAPPUZHA DISTRICT,, PIN - 688582 BY ADV S.R.SREEJITHRESPONDENT/DE FACTO COMPLAINANT AND STATE:
1RENUKA, AGED 56 YEARS
W/O ANIRUDHAN, AGED 56 YEARS, VELIYIL VEEEDU,
KANICHUKULANGARA P.O, MARARIKULAM NORTH PANCHAYATH,
WARD NO.5, ALAPPUZHA DISTRICT,, PIN - 688582
2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV S.S.KISHOR KUMAR SRI. G. SUDHEE, PPTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5235 OF 2023 2
ORDER
Petitioners are accused Nos.1 to 3 in Crime No.1071/2018 of Mararikkulam Police Station, Alappuzha District, alleging commission of offences under Sections 323, 294(b) and 506 (1) r/w.34 of the Indian Penal Code. The matter is now pending as C.C. No.2071/2022 on the file of the Judicial First Class Magistrate Court-II, Alappuzha.
CRL.MC NO. 5235 OF 2023 3
does not wish to continue with the prosecution in any manner.
CRL.MC NO. 5235 OF 2023 4
that this is fit case where the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked to quash the proceedings against the petitioners on the ground of settlement.
Accordingly, this Crl.M.C. is allowed and all further proceedings in C.C. No.2071 of 2022 on the files the Judicial First Class Magistrate Court-II, Alappuzha (arising out of Crime No.1071/2018 of Mararikkulam Police Station, Alappuzha District), will stand quashed as against the petitioners.
Sd/-
GOPINATH P.
JUDGE
ajt
CRL.MC NO. 5235 OF 2023 5
APPENDIX OF CRL.MC 5235/2023
PETITIONER ANNEXURES
Annexure A1CERTIFIED COPY OF THE FINAL REPORT IN C.C.
NO.2071 OF 2022 PENDING BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT II, ALAPPUZHA,
ALAPPUZHA DISTRICT DATED 23.11.2018 WHICH
AROSE FROM CRIME NO.1071 OF 2018 OF
MARARIKKULAM POLICE STATION, ALAPPUZHA
DISTRICT
Annexure A2ORIGINAL AFFIDAVIT SWORN BY THE 1ST
RESPONDENT DATED 07.05.2023
2 issues framed by the court
Whether criminal proceedings under sections 323, 294(b), and 506(1) IPC are maintainable in view of a settlement reached between parties.
Whether the High Court should exercise jurisdiction under Section 482 Cr.P.C to quash the proceedings on grounds of settlement.
Colour shows how this judgement treated each authority
Gian Singh V. State of PunjabApplied¶22
Gian Singh V. State of Punjab [(2012) 10 SCC 303] · Who else cites this
State of Madhya Pradesh V. Laxmi Narayan and OthersApplied¶22
State of Madhya Pradesh V. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
1 provisions across 1 enactments
Satheesh Sathyan
Sajimon
Sukanya C.K
Renuka
State of Kerala
Gopinath P.
As recorded by the court registry
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